Update on those FitzBlago Subpoenas: Unending Subpoenas, Unending Wiretaps

United States of America v. Rod Blagojevich and John Harris

The Chicago Sun-Times reports
on the results
of a FOIA inquiry that has released 44 subpoenas issued to Illinois Gov. Rod
Blagojevich in the ongoing cluster of investigations about him since he was
first elected in 2002:

“Responding to open-records
requests, the governor’s office released 44 subpoenas it had been swamped with
since 2005. Two have been issued since Blagojevich’s Dec. 9 arrest.

“The most recent
subpoenas went to the state Capital Development Board and the Illinois
Department of Transportation on Dec. 11. They sought records on “bid
proposals submitted by and/or awarded to” 22 contractors, including
several who have contributed large sums to the governor’s campaign fund.”

 

I
previously posted a
blog
on subpoenas issued by the feds, as I was told, the same morning that
Blagojevich and top aide John Harris were arrested. Assuming that the subpoenas
previously referred to are the same as some of the subpoenas just released, it
looks as though my informant was off by a day:

“Two other subpoenas to the
governor’s office came on Dec. 8, the day before the governor was arrested on
corruption charges that accused him of, among other things, trying to sell an
appointment to replace Obama in the U.S. Senate.



“Those
subpoenas asked for records relating to Patti Blagojevich; her business, River
Realty; the governor’s brother, Robert Blagojevich; the governor’s campaign
fund, and 30 other people and companies, including Axelrod and Jarrett. Jarrett
was alluded to in the Dec. 9 criminal complaint against the governor as a
potential Senate candidate Blagojevich was considering. Axelrod did not surface
in the complaint. Neither is charged with any wrongdoing.”

 

The records make clear that the office of U.S. Attorney Patrick Fitzgerald has gone back to court over and
over again–44 times in all, according to this most recent report–to get
authorization for subpoenas about Blagojevich, whom Fitzgerald all but
campaigned against in the 2002 gubernatorial election.

It is also clear from the charging document filed in the
arrest of Blagojevich that the feds went back to court repeatedly to get
authorizations for more and more wiretapping.

Apparently no small number of subpoenas, no small number of
documents, and no small number of wiretapped telephone
conversations–Fitzgerald has acknowledged “thousands” of
“intercepts” so far–was sufficient to build a case against
Blagojevich. Also, no small amount of time, no short extent of years was
required. The investigation has extended from 2003 (at latest) until even beyond
the date of our last presidential election, on
Nov. 4, 2008. The feds just could not find a way, apparently, to put
together a case against Blagojevich until such time as it involved future White
House personnel. And then they had to rush into action just when Blagojevich
was allegedly bloviating against the Chicago
Tribune
,
Chicago

An administration pushed a great nation to an unjust war, conducted widespread illegal surveillance of citizens. Where were our thinkers and guides?

United States of America v. Rod Blagojevich and John Harris

An administration pushed a great nation to an unjust war,
conducted widespread illegal surveillance of citizens, and covered up
misfeasance and malfeasance in matters of life and death. The appropriate
response was impeachment. Where were our thinkers and guides?

 

 

The United States as a nation
has not yet arrived at the point of widespread arbitrary incarcerations and widespread
executions of ordinary citizens for overtly political reasons. But we have
arrived at a point where our Department of Justice was politicized, where media
image-crafting, politics, and

Is Fitzgerald’s Office Leaking to the Chicago Tribune?

After leaking to the Wall Street Journal–which promptly ran an item that U.S. Attorney Patrick Fitzgerald’s people were “livid” about a Chicago Tribune story on the investigation of various politicos in Illinois–are Fitzgerald’s people now ‘leaking’ to the Chicago Tribune?

The Trib, Chicago’s Republican newspaper, which declared itself bankrupt just hours before the feds’ pre-dawn arrest of Illinois Gov. Rod Blagojevich, has gone from adulatory of Fitzgerald to sycophantic since the Dec. 9 press conference in which the prosecutor praised the paper and stated that he was being kept awake nights by fear of what might happen to a member of its editorial board.

Now the Tribune is running an item saying that Rahm Emanuel, Representative from Illinois and President-Elect Obama’s choice as chief of staff, has been caught on wiretap. The Tribune article does not name a source or sources for the item. In fact, the careful wording of this short piece does not say how many sources there are:

[first graf] “Rahm Emanuel, President-elect Barack Obama’s
pick to be White House chief of staff, had conversations with Gov. Rod
Blagojevich

Keith Olbermann Delivers an Excellent Commentary on Illegal ‘Renditions’

Keith Olbermann Delivers an Excellent Commentary on ‘Illegal Renditions’ –Just a few short minutes of air time, but Countdown’s Keith Olbermann just gave a very good comment on some consequences of those illegal spook-authorized ‘rendition’ flights delivering unknown prisoners to unknown destinations at the behest of unnamed foreign powers.

One immediate consequence: An American lawyer has been snatched, apparently partly under the auspices of Russian Federation countries, accused of industrial espionage against  Belarus, and flown out of the country.

Amnesty International and the U.S. State Department, with private assistance, are trying to get him out. His name is Seltzer.

As Olbermann points out, the administration–behind the State Department–might need to think about whether this rendition of a U.S. citizen comes about because of past rendition flights involving other persons, under who-knows-what authorization.

Yet another mess for the new Obama administration to clean up, as far as it can.

Illinois Supreme Court Says Burris Does Not Need a Writ of Mandamus

Illinois Supreme Court Says Burris Does Not Need a Writ of Mandamus –Following up the post from earlier this week, on rules versus law: According to the unanimous Supreme Court of Illinois, Roland Burris does not need the signature of Illinois Secretary of State Jesse White, in order to be certified for the U.S. Senate.

Here is the pertinent graf from the IL Supreme Court ruling: “We note … that nothing in the published rules of the Senate,
including Rule II, appears to require that Senate appointments made by
state executives pursuant to the 17th Amendment must be signed and
sealed by the state’s secretary of state. Moreover, no explanation has
been given as to how any rule of the Senate, whether it be formal or
merely a matter of tradition, could supersede the authority to fill
vacancies conferred on the states by the federal constitution. Under
these circumstances, the Senate’s actions cannot serve as the predicate
for a mandamus action against the secretary of state. The only issue
before us is whether the secretary of state, an official of this state,
failed to perform an act required of him by the law of Illinois. He did
not.”


An interesting reflection of our federal system, here: The U.S. Senate cannot tell the state of Illinois what to do, because under the U.S. Constitution the authority to fill a vacant U.S. Senate seat belongs to the state.

Since the signature of the Illinois Secretary of State is not required, the IL SoS is not required to sign.

Seating Mr. Burris is thus up to the Senate, and Chair of the Rules Committee Sen. Dianne Feinstein, to her credit, has already astutely said that she doesn’t think the rules keep Burris out.

Some of the women in this Illinois-Senate picture, btw, are looking & sounding better than the men, if that’s a yardstick. Jesse White was represented in court by Illinois Attorney General Lisa Madigan, whose statement about the ruling says that clearly White “is not the roadblock to Mr. Burris’s appointment to the U.S. Senate.”

Madigan’s conclusion: “It
remains within the power of the U.S. Senate to seat Mr. Burris.  They
should do so immediately.”


I still wonder about those “thousands” of phone calls “intercepted” by the U.S. Attorney’s office. Office spokesman Randall Samborn courteously declines comment on questions about whether any of the recorded conversations include or involve judges–federal, state, local. But without any joking or inappropriate conjecture whatsoever, I wonder whether ‘thousands’ of phone calls involving the governor of Illinois could, as a matter of mathematical probability, fail to include or involve judges. The question then becomes what potential conflicts of interest could arise.

Now, of course, on top of everything else, we have those counts of impeachment from the Illinois House–several of them political/policy disagreements betw governor and legislator, and the rest apparently based on the allegations in the federal charging document. Blagojevich himself, judging from his press appearance a little while ago, is discussing the policy counts in the impeachment and the federal charges separately–or rather, is not discussing the federal charges at all, which looks wise.

But in any case it wd surely have been wiser for the newly elected U.S. Senate to treat Burris–who once ran against Blagojevich–separately from the governor.

Some Further FitzBlago History, from the Chicago Sun-Times

More FitzBlago History, from the Chicago Sun-Times —The past is past, but not completely. A check through some
newly relevant old newspaper articles reveals that
U.S. Attorney Patrick
Fitzgerald in
Chicago weighed in publicly
against Blagojevich during the political race
that made Rod Blagojevich governor.

 

The federal office in the Northern District of Illinois
(NDIL) has had a reputation for tight lip and close vest, but recent leaks and
other recent problems show a different and disturbing pattern: First came the exaggeratedly
publicized splashy arrest, rather than indictment, of a sitting governor; the charging document as vehicle for verbatim/edited quotation
from embarrassing conversations caught by wiretap; the oddly polemical press
conference in which both prosecutor and FBI inveighed against the defendant; then
leaks to the Wall Street Journal from sources close to the investigation, blaming or faulting
the Chicago Tribune for the timing of
the arrest. (Yesterday, in an incident unrelated to the Blagojevich matter, a
lengthy email sent to a mailing list of reporters by the NDIL included the
names of witnesses in another case; the names were redacted in the complaint to
which the list was

Back to New Orleans

I loved New Orleans–and I loved Frank

Ramsey Clark Awarded U.N. Human Rights Award 2008

Well deserved tribute for Ramsey Clark, a genuine American political hero of moral courage*:

[from statement publicly released]
“Ramsey Clark receives UN Human Rights Award 2008

International Action Center founder Ramsey Clark, a former US Attorney
General and internationally renown human rights defender, received the
respected United Nations Prize in the Field of Human Rights on the 60th
Anniversary of the Universal Declaration of Human Rights at United
Nations Headquarters in New York on 10 December 2008.

The announcement of the award was presented by the President of the
General Assembly, Miguel d

Update on that Insanity Defense Idea

Update on that Insanity Defense Idea –As said before (yesterday), this may well be just a joke or inflated rumor–but that notion of Illinois Gov. Blagojevich prepping an ‘insanity defense’ is still carrying on.

ABC News has picked up the idea, such as it is. Both Keith Olbermann and Rachel Maddow cited accusations, frequent apparently, of irrationality or worse against Blagojevich on their shows last night. At least one Chicago columnist, John Kass, seems to be debunking the idea or perhaps torpedoing the putative defense along these lines.

In all seriousness, the conversations revealed by the feds in that charging document–erroneously called an ‘indictment’ in both the Washington Post and MSNBC yesterday, thereby missing the real story here–seem to show that Blagojevich talked to his closest aides the way I talk to myself. And as far as I am concerned, talking to oneself–and what one says to self–is not genuine evidence of either insanity or crime.

I’m not a lawyer, of course. I have started wondering whether all this hoopla, obviously foreseen by the prosecution, inevitably taints any jury pool. Following this hypothesis to its logical conclusion, that wd mean that the feds do not necessarily believe there will ever be a trial. Something to think about.

NDIL spokesman Randy Samborn returned call for comment today, btw. Asked about possible consequences for Chicago’s newspapers from that charging document, he declined courteously to speculate on anything that may happen in the future.

More later. I am not inherently a contrarian, but somehow this arrest arouses qualms at a gut level. An attorney friend of mine pointed out a good column by Fitzgerald friend and legal author Scott Turow in yesterday’s NYTimes. Turow specifies among other things how U.S. Patrick Fitzgerald has in the past timed legal actions to avoid elections or other political consequences–for one, he went along with the Libby defense request to postpone the Libby trial until after the 2006 elections.

Turow says point-blank that Fitzgerald had to bring this case, i.e. I suppose make this arrest, before he was ready. MSNBC’s Pat Buchanan said pretty much the same thing. I, au contraire, do not see how it wd have been possible that Blago cd have appointed the replacement senator with a day or even within a few days. –After all, if you’re actually running an auction, it is self-evident that if you want bids to go up, you want the auction to run on for a while. From the tapes, Blago and his crew did not seem even to have the channels opened up and running, yet.

If, reasoning along these lines, Blago had given up the notion of selling–maybe not too speedy a decision, given his delusions–and had appointed himself to the senate, it wd have been even easier to file charges against him. There would have been more material to use, starting with the on-its-face undisputed fact that he had appointed himself, never a popular move. And prosecutors wd have had the advantage of additional material from anyone Blagojevich or his aides had been in contact with, incl from anyone who repudiated his illicit offers. Too bad in a way that the arrest forestalled that . . . no wonder the GOP is so happy. This swift arrest leaves a cloud over everyone (Dem) who cd even have been supposed to have an interest in the senate.

AUTOMOBILE JOB LOSSES, STATE BY STATE

AUTOMOBILE JOB LOSSES, STATE BY STATE –As accurately noted in this graphic and article at CNN.com, automobile jobs are not confined to Detroit.

Look at the map of the United States, showing job losses for auto workers across the nation, and then check out some of the numbers. Btw even commentators appearing on Fox News Sunday noted that the CEOs in the financial industry were not compelled to appear before Congress, to get their $700B bailout authorized, as the heads of the Big Three were. ‘Double standard’ is too weak a term.

The states are ranked by total jobs, auto assembly jobs, auto parts jobs, auto sales jobs, and average salary. Here are the top ten: 

Michigan 1 241,883 57,997 144,413 39,473 $65,119
California 2 189,749 7,430 42,741 139,578 $17,590
Ohio 3 159,061 21,974 89,244 47,843 $44,319
Texas 4 137,191 9,104 28,487 99,600 $17,243
Indiana 5 111,665 12,622 71,403 27,640 $46,792
Florida 6 99,199 915 12,083 86,201 $9,189
Illinois 7 93,763 7,227 35,936 50,600 $26,281
New York 8 82,357 607 28,792 52,958 $54,826
Tennessee 9 79,424 10,636 42,415 26,373 $35,744
Pennsylvania 10 76,759 533 17,128 59,098 $13,619